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TM Opposition Dismissed for Failure to Serve at Time of Filing

By William F. Heinze

In Springfield, Inc. v. XD, Opposition No. 91180596 (February 7, 2008) was "dismissed as a nullity" ("That is to say, the opposition should never have been instituted. Opposer?s filing fee will be refunded in due course") where the Opposer checked the applicable box on the ESTTA form to indicate that it had effected service on applicant on the last day of the opposition period, when in fact it had not. The Opposer then sought to remedy this oversight by amending the notice of opposition to indicate that it served a copy of the notice of opposition on applicant on nineteen days later.

Full post as published by I/P Updates on February 12, 2008 (boomark / email).